PREM NARAYAN SINGH
Rohan Naik – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER
The petitioner has filed the present petition under Section 482 of CrPC for quashment of FIR dated 03/05/2024 and quashment of the proceedings u/s376,506,376(2)(n),201 of the IPC & chargesheet dated 14/06/2024 and subsequent proceedings arising out of crime no.164/2024 registered by P.S. Palasia, Indore on 03/05/2024 S.T. No.417/2024 pending before District and Session Judge, Indore.
2. As per the prosecution story, prosecutrix made complaint against the applicant regarding physically exploitation and having relationship by breaking trust and developed physical relationship. It is alleged against the applicant that, on February 2022 Prosecutrix met with present applicant in Mithya Club Indore. Then they started talking with each other. The proposal for marriage was made by the present applicant which was verbally accepted by the complainant. Thereafter the present applicant has started visiting her house. Due to the love affair present applicant used to take complainant to house, hotels and outside Indore for establishing physical relations. The present applicant always used to tell the complainant that when he settled down once after that he would marry her. Present applican
Offence under Section 376 IPC is non-compoundable – By simply entering into compromise, charges cannot be said to have been mitigated or quashed as offence is against dignity of women as well as publ....
The High Court cannot quash FIRs related to heinous offences like rape of minors based solely on amicable settlements unless extraordinary circumstances justify such action.
Offences like rape are not private in nature and have a serious impact on society, and therefore, the criminal proceedings cannot be quashed on the basis of settlement between the parties.
Point of law: Offence under Section 376 of IPC being a sexual offence would fall in category of heinous and serious offences and are to be treated against society and not against an individual one an....
Point of law: Section 320 of Cr. P.C does not limit or control exercise of powers vested in Court under section 482 of Cr.P.C
Offences like rape cannot be quashed based on compromise as they have a serious impact on society.
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